The Consumer Federation of Kenya (COFEK) has filed a court case challenging the governance and oversight of the Ksh200 billion health agreement between Kenya and the United States.
In a statement issued on Wednesday, December 10, 2025, COFEK argued that consumers, who are the main beneficiaries and sources of health data, should be directly represented in the partnership.
The federation also expressed concerns about sections of the memorandum that it says are unclear and require clarification or removal to avoid interpretations that could threaten national sovereignty and individual privacy.
Consumer Group Sues Over Governance of Ksh200B Kenya–US Health Project. Photo: Courtesy.
The five-year framework was signed on Thursday, December 4, 2025, making Kenya the first African country to enter into a government-to-government health agreement with the United States.
The agreement seeks to enhance Kenya’s health programmes through advanced technologies and improve the sustainability of the health system.
At the briefing, officials from both countries said the United States would only access aggregated data and would not collect personal identifiers.
The government stated that existing safeguards are sufficient to prevent data misuse, while COFEK insisted that transparency must be maintained.
The federation noted that consumers should be informed about private companies involved and warned that Kenya risks losing control of its health sector if key digital and pharmaceutical systems remain externally controlled.
COFEK’s legal challenge is based on constitutional provisions on consumer protection, public participation, and privacy, as well as the Data Protection Act.
The federation noted that the Ksh200 billion agreement is a direct government assistance package, not a loan, aimed at reducing reliance on traditional donors.
Through the court petition, COFEK is seeking to ensure that decisions involving Kenyan health data remain transparent, auditable, and include consumer representation.
